Theorists for Law Paper 3

Jeremy Bentham
Utilitarian; wrote a comment on what law was, argued that the greatest happiness of the greatest number should define morals
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What did Bentham call natural law?
"Nonsense upon stilts."
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What did John Austin believe?
Austin's command theory of law: laws come from the sovereign, are backed by sanctions, sovereign is obeyed by the majority
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What did H.L.A Hart believe?
Believed in the separation of law and morality
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What does Joseph Raz believe?
Law is autonomous; it can be identified without recourse to morality
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What does Hans Kelsen believe?
"Pure Theory of Law"; morality should play no role in the law
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(Natural lawyers) What did Thomas Aquinas believe?
Combined the philosophy of Aristotle with Christian theology; law should conform to a higher standard
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What did Lon Fuller believe?
Law serves the purpose "to achieve social order through subjecting people's conduct to the guidance of general rules by which they may orient their behaviour."
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Emile Durkheim's contributing factors to the breakdown of a common morality
Increasing specialisation of labour, growing ethnic diversity within society, fading influence of religious belief
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John Stuart Mill
A libertarian who advocated that there were minimal valid reasons for the collective opinion to triumph over the individual
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(Law and justice) Aristotle
Aristotle identified particular examples of justice that apply to different situations; a just society will distribute on the basis of merit
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Thomas Aquinas
Distributive justice means the fair allocation of goods throughout a community
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Karl Marx
"From each according to his ability, to each according to his need"; Aristotle would have viewed this unjust as it could give the greatest rewards to the least productive members of society
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Chaim Perelman
In De la Justice identifies different understandings of justice: each according to his merits, each according to his needs, each according to his works, each according to his rank, eath legal entitlement
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What's signficant about Perelman's views?
Believed that justice couldn't be defined; each person's attempt to define it was subjective
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Bring up Jeremy Bentham's view on justice
The object of justice is to increase group happiness
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What did Edward Snowden say about the Investigatory Powers Act?
"The UK has just legalised the most extreme surveillance in the history of western democracy."
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John Stuart Mill
Just like Bentham, except also mentioned the quality of happiness
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Social justice is defined how?
Equal justice, not just in the courts, but in all elements of society
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What did Rawls say?
Rawls described justice as fairness and set out a society where resources would be distributed in a disinterested manner; to make this possible, nobody would know what their position would be
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What did Rawls say about social and economic inequalities?
They can only exist where they benefit the least advantaged members of society; provided all offices and positions are open to everyone
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What did Rawls say in criticism of utilitarians?
In a just society the rights secured by justice are not subject to political bargaining or to the calculus of social interests
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What did Robert Nozick say?
Recognises the legitimacy of justly acquired property; state interference should be kept to a minimum to ensure a just society
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What does Stanley Cohen point out in "Folk Devils and Moral Panics" (1972)
If someone is acting in a way that is not typical to what society is used to, media tends to overreact extremely about it, bringing more attention
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What does Rosco Pound say in Social Control through Law?
Socio-ethical principles, with a three-fold purpose: identify and explain human claims, express what the majority of individuals in society want the law to do; guide the courts in applying the law
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Other cards in this set

Card 2


What did Bentham call natural law?


"Nonsense upon stilts."

Card 3


What did John Austin believe?


Preview of the front of card 3

Card 4


What did H.L.A Hart believe?


Preview of the front of card 4

Card 5


What does Joseph Raz believe?


Preview of the front of card 5
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